[HISTORY: Adopted by the Legislature of the County of Monroe as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-9-2005 by L.L. No. 3-2005, approved 8-26-2005]
This Legislature hereby finds and determines that AWOL, an acronym for "alcohol without liquid," is a machine that mixes spirits with pure oxygen creating a cloudy alcohol vapor which can be inhaled through the nose or mouth.
This Legislature further finds and determines that individuals who inhale alcohol vapors are faced with a number of personal health risks. Since the alcohol vapors are absorbed through blood vessels in the nose or lungs, it creates a quicker and more intense effect on the brain because the vapors bypass the stomach and the liver. Health experts have claimed that the practice of inhaling alcohol vapor is linked to brain damage.
This Legislature further finds and determines that the AWOL machine creates serious health and safety risks for the community as a whole. Currently, AWOL is being marketed as a way to consume greater quantities of alcohol without the calories of beer, wine or liquor. Among the likely effects of increased and more widespread use of this product will be an increase in incidences of drunken driving, underage drinking and other alcohol abuses.
Therefore, the purpose of this article is to ban the sale, purchase, and use of alcohol without liquid (AWOL) machines and alcohol vapor devices in Monroe County.
As used in this article, the following terms shall have the meanings indicated:
- A device that mixes spirits with pure oxygen to produce a cloudy vapor that can be inhaled or snorted.
- Any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint-stock association, or other entity or business organization of any kind.
Pursuant to Article 9, § 2(c)(10), of the New York State Constitution, governing protection, health, safety, and well-being of persons, no person shall purchase, offer for sale or use an AWOL machine or alcohol vapor device within the County of Monroe.
Any person who intentionally violates any provision of § 211-3 of this article shall be guilty of an unclassified misdemeanor, punishable by a fine of up to $1,000. Each such violation shall constitute a separate and distinct offense.
This article shall apply to any actions occurring on or after the effective date of this article.
This article shall be null and void on the day that state-wide or federal legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this article, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Monroe. The County Legislature may determine by resolution whether or not identical or substantially similar state-wide legislation has been enacted for the purposes of triggering the provisions of this section.